The Harm Principle

Question 1

Theorist and book

Answer 1

JS Mill and his book On Liberty

Question 2

Definition

Answer 2

“The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others”

Question 3

Negative thrust

Answer 3

State has limited power to punish - may only do so to prevent harm to other people
Beyond this, individuals can do whatever they like.
Harm to self or upholding moral values is not enough e.g. smoke to death, every hour on Xbox, looking at pornography, engage in sexual unorthodoxy.
Gives political priority to individual freedom.

Question 4

Positive thrust

Answer 4

Identifies what justifies state criminalisation.
Having criminal law - everyone has the right to be free from harm.

Question 5

Joel Fienburg

Answer 5

Private harm - individuals (protecting from dangerous driving)
Public harm - protecting the state (tax evasion).
Protects from both harm and threat of harm e.g. assault

Question 6

Criminalisation

Answer 6

Public nudity is a criminal offence but does little harm to anyone.

Question 7

Paternalism

Answer 7

Paternalistic view as to why a conduct should be criminalised.
Class A drugs - illegal due to addictive nature - fits less into Mill’s ideas of harm.

Question 8

Consent to harm

Answer 8

(R v Brown and Others) -
not given right to inflict personal injury despite consent - consent is not a defence